What's Happening?
In a significant legal ruling, the High Court has determined that Eric Alger, a self-employed bricklayer who died of mesothelioma, was directly employed by Clayton Bowmore, a contractor involved in a 1988 refurbishment project. Alger's widow, Tracy Alger, brought
the asbestos claim against Clayton Bowmore Group Holdings Ltd., arguing that her husband was exposed to asbestos while working on the project. The court found that Alger was an employee in all respects except for tax and national insurance payments. The ruling was based on Alger's detailed account of his work, which involved tasks beyond bricklaying, such as demolition and clean-up, in environments suspected of containing asbestos.
Why It's Important?
This ruling has significant implications for employment law and the construction industry, particularly concerning the classification of workers and liability in asbestos exposure cases. By recognizing Alger as an employee, the court sets a precedent that could influence future cases where the employment status of workers is disputed. This decision may lead to increased scrutiny of employment practices in the construction industry, particularly regarding health and safety standards and the protection of workers from hazardous materials. For employers, this ruling underscores the importance of clear employment contracts and adherence to safety regulations to mitigate legal risks.
